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Appeal Tribunal Advice Please
- Anne
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- Gordon
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Anne wrote: My son has got a date for his appeal to be heard. One of the factors we are arguing is that he cannot make journeys without getting extremely distressed. Advice on what we should do as the appeal will be heard at a venue 40 miles away! Part of me says to go and he will be a jabbering wreck or should he rely on the evidence to speak for itself? Also his condition includes severe anxiety and depression so will the proposed changes to the mobility affect his appeal or because his claim was made last September this won't affect him? Thanks in advance
If he attends then it is likely that assumptions will be made about the level of problem he has, it may be possible to deal with those assumptions at the hearing if for example he is able to attend because he is with a trusted person, as an example. Conversely his attending gives him the best chance of an award.
You will have to weigh the pros and cons of his attending.
The amended Descriptors do not come into effect until 16 March and do not effect Decision made before this.
Gordon
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- Anne
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- Ginny
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For me, it was fine. On both occasions upheld.
It is however I understand, recommended to appeal in person.
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- Gordon
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Anne wrote: Sorry, does that mean because it is an appeal of a previous decision and the appeal in after 16th March the new descriptors won't be applied?
As the Decision was before the 16th then the new Descriptors do not apply.
Gordon
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- Spaceman
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I note that on the news page here www.benefitsandwork.co.uk/news/3606-1-march-2017-update it says "The changes will apply to all claims made from 16 March, 2017" rather than all decisions made from 16 March, so it would be great if you could confirm which is correct, as I started my claim (by phone) a week ago but a decision probably won't be made before 16 March.
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